Defamation lawsuit against Rep. Nancy Mace dismissed

 August 21, 2025

A federal judge has dismissed a defamation lawsuit filed against Representative Nancy Mace, aligning with federal law that grants her immunity as a legislative official.

According to The Hill, Rep. Nancy Mace’s accusations against Brian Musgrave in a House speech sparked a legal battle that concluded with the dismissal of Musgrave’s defamation lawsuit by U.S. District Judge Richard Gergel.

The lawsuit was initiated by Brian Musgrave, who was accused by Mace of being a predator. The controversy began when Mace named Musgrave in a February speech, during which she alleged instances of sexual misconduct and voyeurism. Musgrave argued that Mace's claims were unfounded and defamatory.

Judge Gergel’s Ruling and Legal Grounds

Judge Gergel dismissed the lawsuit on the grounds that federal law protects congressional members in their official capacities. He referenced statutes that bar claims for damages against officials performing their congressional duties. However, his decision did not assess the validity of Mace's allegations against Musgrave.

In support of Mace, the Justice Department certified last month that her actions and those of her staff fell within the duties of her office. This certification played a crucial role in the judge's conclusion to dismiss the case. The decision also eliminated a constitutional rights violation claim under the Speech or Debate Clause.

Judge Gergel remarked, "Congress has weighed the risks and benefits… and concluded claims against federal officials acting in their employment capacity are barred under federal law. It is this Court’s duty to uphold the rule of law."

Mace’s Public Reaction to the Decision

Following the ruling, Rep. Mace expressed satisfaction and declared the decision as a win for legal principles. “Today the court proved the US Constitution is the LAW OF THE LAND. They came after me because I stood up for victims and demanded crime be prosecuted,” she stated.

She further emphasized her commitment to fighting crime and promoting stronger legal protections. Her allegations extended beyond Musgrave, as she also targeted other individuals including her ex-fiancé, in her political rhetoric. Mace is currently campaigning for the governorship of South Carolina, leveraging these accusations in her platform.

Mace also claimed personal experience to substantiate her accusations, alleging the discovery of a concealed camera on property linked to Musgrave and her ex-fiancé. This claim added another layer to her lengthy list of allegations, both on social media and through visual displays outside her congressional office.

Responses from Musgrave’s Legal Team

Musgrave's lawyer, Eric Bland, expressed disapproval of the ruling and stressed concerns about political figures making unproven accusations. “It seems patently unfair that … someone can be grouped and called a rapist and a predator without any proof,” Bland contended.

The legal team contended that the outcome wrongfully permits elected officials to level severe charges without accountability. Bland argued that the dismissal facilitates repetition of defamatory accusations with impunity, raising ethical questions on public discourse.

The South Carolina Attorney General’s office also weighed in, indicating that Mace might be misconstruing the role of Attorney General Alan Wilson in her remarks. Their statement noted Mace "either does not understand or is purposefully mischaracterizing” Wilson’s involvement.

The case highlights the balance between protecting free speech for federal officeholders and preventing potential misuse of that privilege against private citizens. The dismissal, while resting on legal technicalities, invites broader discussions on congressional speech limits and accountability.